Judgment of the Court (First Chamber) of 22 September 2011.
Interflora Inc. and Interflora British Unit v Marks & Spencer plc and Flowers Direct Online Ltd.
Reference for a preliminary ruling: High Court of Justice (England & Wales), Chancery Division - United Kingdom.
Trade marks - Keyword advertising on the internet - Selection by the advertiser of a keyword corresponding to a competitor’s trade mark with a reputation - Directive 89/104/EEC - Article 5(1)(a) and (2) - Regulation (EC) No 40/94 - Article 9(1)(a) and (c) - Condition that one of the trade mark’s functions be adversely affected - Detriment to the distinctive character of a trade mark with a reputation (‘dilution’) - Unfair advantage taken of the distinctive character or repute of that trade mark (‘free-riding’).
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